106330 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. Although not a basis for that 

action, the EPA performed an EJ 

analysis for informational purposes only 

in its June 13, 2023, proposed 

disapproval of Louisiana’s SIP revision. 

See 88 FR 38448, 38453–38455 (June 13, 

2023) and 88 FR 85112, 85123–85124 

(December 7, 2023) for more 

information. The EPA views this action 

as a necessary procedural step following 

the D.C. Circuit decision and vacatur of 

portions of the 2015 SIP call. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

communities with EJ concerns. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

Dated: December 19, 2024. 

Earthea Nance, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2024–30747 Filed 12–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2024–0529; FRL–12471– 

01–R5] 

Air Plan Approval; Ohio; Nitrogen 

Oxide Standards Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Ohio State Implementation Plan 

(SIP) submitted by the Ohio 

Environmental Protection Agency (Ohio 

EPA) on November 4, 2024. Ohio EPA 

requested that EPA approve the revised 

rules for nitrogen oxide standards in the 

Ohio Administrative Code (OAC) into 

Ohio’s SIP. The revised rules include 

non-substantive updates to rule 

language and updates to referenced 

material. The revisions will assist with 

Ohio’s efforts to attain and maintain the 

National Ambient Air Quality Standards 

(NAAQS) for nitrogen dioxide (NO2). 

DATES: This direct final rule will be 

effective February 28, 2025, unless EPA 

receives adverse comments by January 

29, 2025. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2024–0529 at https://

www.regulations.gov or via email to 

langman.michael@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from the docket. EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI), 

Proprietary Business Information (PBI), 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI, PBI, or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

wwww.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Delaney Kilgour, Air and Radiation 

Division (AR–1–8J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1106, 

kilgour.delaney@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What is the background for these 

actions? 

Ohio EPA is subject to requirements 

in Ohio Revised Code 106.03 and 

106.031 to review each of its regulations 

every five years to assess whether any 

updates to the regulations are warranted 

and for other purposes. Accordingly, 

Ohio EPA reviewed its regulations in 

OAC Chapter 3745–23, entitled 

‘‘Nitrogen Oxide Standards.’’ OAC 

Chapter 3745–23 is part of Ohio’s 

strategy for attainment and maintenance 

of the NAAQS for NO2. 

As a result of its review, Ohio EPA 

concluded that rule revisions were 

needed to modify the wording of 

selected text to correct typos and reflect 

new formatting guidelines, and to 

update publication and referenced 

material titles, effective dates, 

addresses, and websites. Ohio EPA 

adopted these various minor revisions 

and updated their rules on August 15, 

2024, and then requested that EPA 

approve these revisions into the Ohio 

SIP in a submittal dated November 4, 

2024. 

II. What is EPA’s analysis of Ohio’s SIP 

revision? 

Ohio EPA has requested that EPA 

approve revised rules under Chapter 

3745–23 of the OAC. These rules 

include 3745–23–01 (Definitions) and 

3745–23–02 (Methods of measurement). 

These revised rules are intended to 

assist in maintaining the NO2 NAAQS. 

The revisions are described in detail 

below. EPA is determining that these 

revisions are approvable since they are 

primarily administrative in nature and 

serve to strengthen the SIP. 

A. 3745–23–01 Definitions 

This rule contains the applicable 

definitions and referenced material for 

OAC Chapter 3745–23. The rule is being 


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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106331 

1 62 FR 27968 (May 22, 1997). 

revised to include updates to the 

publication dates and website URLs of 

referenced material, and to adopt minor 

changes in rule language to correct 

typos and meet updated style and 

formatting guidelines. No terms or 

definitions were added or removed from 

this section. Since the revised 

definitions do not make this rule less 

stringent, EPA finds that 3745–23–01 is 

approvable. 

B. 3745–23–02 Methods of 

measurement 

This rule contains methods for 

measuring and determining the 

concentration of NO2 in ambient air. 

The rule is being revised to adopt minor 

language adjustments, including 

removal of the word ‘‘shall’’ and 

rearrangement of sentences. Since the 

revisions to the rule language are minor 

in nature and do not affect the scope or 

intent of the rules, EPA finds that 3745– 

23–02 is approvable. 

III. What action is EPA taking? 

EPA is approving the November 4, 

2024, submission by Ohio EPA as a 

revision to the Ohio SIP. Specifically, 

EPA is approving updates to OAC 

Chapter 3745–23. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective February 28, 2025 without 

further notice unless we receive relevant 

adverse written comments by January 

29, 2025. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

February 28, 2025. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Ohio Regulations 

described in section II of this preamble 

and set forth in the amendments to 40 

CFR part 52 below. EPA has made, and 

will continue to make, these documents 

generally available through 

www.regulations.gov and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the Clean Air 

Act (CAA) as of the effective date of the 

final rulemaking of EPA’s approval, and 

will be incorporated by reference in the 

next update to the SIP compilation.1

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993), and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, or 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment. 

Ohio EPA did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898/14096 

of achieving EJ for communities with EJ 

concerns. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 


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106332 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Reporting and 

recordkeeping requirements. 

Dated: December 19, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.1870, the table in paragraph 

(c) is amended by revising entries 

‘‘3745–23–01’’ and ‘‘3745–23–02’’ under 

‘‘Chapter 3745–23 Nitrogen Oxide 

Standards’’ to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED OHIO REGULATIONS

Ohio citation Title/subject Ohio effective 

date EPA Approval date Notes 

*******

Chapter 3745–23 Nitrogen Oxide Standards 

3745–23–01 Definitions ....................................... 8/15/2024 12/30/2024, [INSERT FIRST PAGE OF Federal 

Register CITATION].

3745–23–02 Methods of Measurement ............... 8/15/2024 12/30/2024, [INSERT FIRST PAGE OF Federal 

Register CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2024–30734 Filed 12–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0228; EPA–R09– 

OAR–2022–0338; FRL–11830–02–R9] 

Federal Implementation Plan for 

Nonattainment New Source Review 

Program; Mojave Desert Air Quality 

Management District, California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a Federal 

Implementation Plan (FIP) under the 

Clean Air Act (CAA) that consists of 

Nonattainment New Source Review 

(NNSR) rules for areas within the 

jurisdiction of the Mojave Desert Air 

Quality Management District 

(MDAQMD or ‘‘District’’) in which air 

pollutant concentrations are above 

specific National Ambient Air Quality 

Standards (NAAQS). The NNSR rules 

will apply to construction of new major 

stationary sources and major 

modifications at existing major 

stationary sources of air pollution. The 

FIP will be implemented by the EPA, 

unless and until it is replaced by an 

EPA-approved state implementation 

plan (SIP). In this action, the EPA is also 

responding to a September 5, 2024 

decision of the United States Ninth 

Circuit Court of Appeals for the Ninth 

Circuit, which remanded the EPA’s 

disapproval of a MDAQMD rule 

provision related to the calculation and 

generation of emissions offsets. This 

response again disapproves MDAQMD 

Rule 1304(C)(2)(d) and provides 

additional information to support that 

decision. 

DATES: This final rule is effective on 

February 28, 2025. 

ADDRESSES: The EPA has established a 

docket for the FIP rulemaking under 

Docket ID No. EPA–R09–OAR–2024– 

0228. The EPA established a different 

docket (EPA–R09–OAR–2022–0338), for 

its 2023 limited approval/limited 

disapproval of a MDAQMD state 

implementation plan submission, which 

contained provisions addressing the 

calculation and generation of emissions 

offsets for the nonattainment area 

permitting program. This notification 

will be placed in both dockets, which 

are each accessible via the Federal 

eRulemaking Portal at https://

www.regulations.gov/. Although listed 

in the indices for these rules, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at https://

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, EPA Docket Center, William 

Jefferson Clinton West Building, Room 

3334, 1301 Constitution Ave. NW, 


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